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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 7 : Compliance, Enforcement and Protection

Part 2 : Application and enforcement of Act and any specific environmental management Act

31Q. Confidentiality

 

(1) It is an offence for any person to disclose information about any other person if that information was acquired while exercising or performing any power or duty in terms of this Act or a specific environmental management Act, except—
(a) if the information is disclosed in compliance with the provisions of any law;
(b) if the person is ordered to disclose the information by a court;
(c) if the information is disclosed to enable a person to perform a function in terms of this Act or a specific environmental management Act; or
(d) for the purposes of the administration of justice.

 

(1A) Subsection (1) does not apply to information that pertains to—
(a) environmental quality or the state of the environment;
(b) any risks posed to the environment, public safety and the health and well-being of people; or
(c) compliance with or contraventions of any environmental legislation by any person.

 

(2) [Section 31Q(2) deleted by section 17 of Act No. 30 of 2013].